Dismissed

Gaffar Ansari Alias Abdul Gaffar v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./4436/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand rejected an anticipatory bail application filed by the petitioner accused of coal smuggling. The court held that the recovery of 12 tons of coal without documents created a strong presumption of theft, making a case for bail unmaintainable.

What did the court decide?

Anticipatory bail application rejected; petitioner granted no bail.

Gaffar Ansari Alias Abdul Gaffar Vs the State… — Mining and Natural Resources | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4436 of 2022

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Gaffar Ansari @ Abdul Gaffar @ Abdul Gaffar Ansari ….. Petitioner Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Shailesh, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P.

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4/04.08.2022 Heard learned counsel for the applicant and learned Spl.PP for the State.

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This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Govindpur P.S. Case No.87 of 2022, registered under section 413/414/34 of the Indian Penal Code and section 30(ii) C.M. Act, pending in the court of learned J.M., Dhanbad.

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Learned counsel for the applicant has submitted that the as per FIR allegations the informant along with police force had carried out raid at Ruby Enterprises Hard Coke situated at Barwa. On 22.03.2022 the care taker of the Ruby Enterprises Hard Coke namely Ashik Ansari told that the owner of Ruby Enterprises Hard Coke was Gaffar Ansari @ Abdul Gaffar @ Abdul Gaffar Ansari and 12 ton of raw coal was found there, for which no documents could be produced. The same was seized and after preparing the seizure memo, the FIR was lodged.

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Learned counsel for the applicant has submitted that the applicant is the owner of Hard Coke Factory which had already been closed and the said coal was old coal lying scattered in the premises. There is no evidence against the applicant that the coal was ever sold from the hard coke factory of the applicant and the applicant is having no criminal antecedent.

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Learned Spl.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that 12 ton coal was recovered from the Ruby Enterprises Hard Coke, the same belonged to the applicant. The strong presumption may be raised against the applicant that the recovered coal was stolen because no papers of the same were produced.

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In view of above no case of anticipatory bail of the applicant is made out.

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Accordingly the anticipatory bail application of the applicant is hereby rejected.

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(Subhash Chand, J.)

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Tarun

Gaffar Ansari Alias Abdul Gaffar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gaffar Ansari Alias Abdul Gaffar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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